The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-04


afraid Of my charges to the
petit jury. You are not afraid OF my
rulings 90 far as questions OF evidence
are concerned; but the d ficulty lies
right here (motionipg tn the jury box),
right here in this jury b K. under
stand 1t all. You know that no job can
be put upon this court; no packing
OF the jury. That Is tie thing to be
made. / say to the party, and l will
say to his counsel, and to all other de.
PENDANTS who msy come before this
court, that he shall have fair and i'm
partial jury to pass upon the merits Of
their cases. / will not fill the Jury
with anti psrtisans of the defendant.
would, In my position as judge, re-
ceive, Ind deserve to receive, the con-
tempt OF the entire community II Il
did neither will l permit the defend.
ant to ill the jury box with his parti.
sans aod make farce of the trial.
Understand that, gentlemen. II the
defendant has VIC sted the laws of
Tennessee, he must suffer as any other
felon, and will ses to II that the law
IL strictly enforced, according to nv
oath as judge. II he has not offended,
or II there Is doubt In my mind, or
that Of the jury, that tie defendant Ia
guilty, thea he goes az free as any
other man In the community out Of
this )urt room.
Now, 90 to the opinion, gentlemen,
l have an opinion aoout every case
that come into this court. very fire.
qusntIy have prtconceived opinions
about the guilt OF the defendant.
They csnnot In fuence my official ac.
ton. IL iss matter Of impoesibiity
Tor mans private opinion to influ-
encs his official action. Acts done by
the Judge contrary to law are OF no
effect, null and void. Nothing would
please the defendant better than that
the Judge should act by his pre- judices.
Nothing would please the defendant
better, gentlemen, for by the rules of
law, You won d revere the court. /
am perfectly poweriess, as en- indiyid-
ual, unless act within the law,
Asthe defendant has referred TO NV
lecture In the ahi iavit, would even
cay word on That ground. l will saw
this: That II was from motives Of
kindness gentlemen may laugh when
say II; but ie me set through) thst
wrote that lecture / had heard
complaints from all over the city.
Matters Of violating the Law had come
into this courtroom, for which he was
responsible. 1t was thought that he
ought 10 be indicted ss he Is nov. No.
upon consultation with The Attorney
General the State We thouRht II best
tn't the coif magistrate should be
lecturtd iDs.ead OF indicted. In de-
ference to that opinion that that mode
OF procedure would accomplish our
purpose, by induiug ths president Of
the Taxing District In obeerve the
laws, wrote that lectur.. / wrote IL
in fifteen or twenty minutes. Some
parties said II was severe. I called
the attention of the Tax.
ing ID strict president 1, certain
violations OF the lAg, and
great many othais that l said might
bs enumerated. A great hubbub was
raised In the community. II seems
now disposition Is advanced to try
this case In this court upon public
ssntiment-by public opinion. have
never tried case, since was Judge
oil this court, by public opinion; and
public opinion cannot force this court
out OF the line Of its duty. You must
come Into this court, gentlemen, upon
the merits OF your c-se, upon q plea
; OF guilty or not guilty; and II must
be tried before q fair and impartial
jury OF this county, with the present
judge oil this court preceding. I'M
derstand that yuu wish for fair trial.
As have stated 10 you before, that
iuy box shall not be filed with anti
Hidden men, nor shall II be filed
With II idden men; but they shall be
men OF the county OF Shelby. free and
, unbiased. 10 decide upon the law and
the facts as they shall hear them In
.. this courtroom. Tnst Is all you can
! AK. Tbat Ia al You have the right
TO demand. IL Is all you shall receive
al the hands OF this court.
i know u is difficult Job. know
, u isa difficult Job Tor judee 10 I'M
dertake 10 hsht puhlic opinion. Pub.
lie opinion does itfiieucs this court
! aud oil other conrts In the administra.
I, ton Of the criminal Law, because II |,
] from the public that we draw our
jurors. Bat pubic opinion cannot
. prevent tue court from bringing the
! violaior OF the law to jNtice. 1! is no
\ more than the blosiDg OF the idle
wind, 30 Tar AZ this court Ia concerned
. an TO the trial Of people here. / would
: be- worthy Of the contempt OF the peo-
pie should obey the behes, Of a pub.
: lie opinion that has been perverted by
venal public press. Well, gentle
, men, | will make no more stumy
speech.
4 A SENSATIONAL coLLsouY.
4 The court being ab ut 10 turn "a
= other BUSINESS, Gen. Wright arose:
v Gen. WriSht-Just a moment, Il
yont honor please.
A This Court-I don't want 10 hear
any more from tbs gentleman on this
q question. Sit down.
a Gen. Wright rise 10 a question Of
' personal privilege.
' Toe Cout-Sit down. don't wan,
4 to hear anything more abont thai, air.
|, Gen Wdght-Yes, sir; bat II your
Il honor pleSss, am at tina bar aud you
!, are on the bench. You have said
v certain things that think entitle me
,. a. reputable member OF TIE bar, d
}. an tx ,lanation.
4 The Oourt-Yss, cir; I will h.sl
d you.
d Gen. Wright-Your honor says that
n certain facts we're stated In tlat plea,
10 the contrary Of which wa known by
}. me 10 be true. That 10 one statement
.. your honor bias made. II l don't mis-
D, apprehend your honor.
m The Oout-Y.s q, sir.
10 Gen. Wight distinctly state tina
I there IL not II K fact set up In tha
" plea, the ointfary Of which / knew
Il The facts that your honor mentionI
h there's 10 those iacs that You
Q, honor mentions A. hayiug occurred II
m this courtroom, they did not occur II
i. my presence, or within my kno wledse
v Does your honor mean 10 intimat,
q they d.d7
10 The Oourt-No cir. Sit down,
v. don't want 10 get Into any controvors
y. with attorneys at the bar. / dom
OF want 10 get into any controyerey witt